WEST VIRGINIA CODE

WVC 15 - 2 - 5
§15-2-5. Career progression system; salaries; exclusion from wages
and hour law, with supplemental payment; bond; leave
time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West
Virginia State Police a system to provide for: The promotion of
members to the supervisory ranks of sergeant, first sergeant,
second lieutenant and first lieutenant; the classification of
nonsupervisory members within the field operations force to the
ranks of trooper, senior trooper, trooper first class or corporal;
the classification of members assigned to the forensic laboratory
as criminalist I-VIII; and the temporary reclassification of
members assigned to administrative duties as administrative support
specialist I-VIII.

(b) The superintendent may propose legislative rules for
promulgation in accordance with article three, chapter
twenty-nine-a of this code for the purpose of ensuring consistency,
predictability and independent review of any system developed under
the provisions of this section.

(c) The superintendent shall provide to each member a written
manual governing any system established under the provisions of
this section and specific procedures shall be identified for the
evaluation and testing of members for promotion or reclassification
and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list.

(d) Beginning on July 1, 2011, members shall receive annual
salaries as follows:

ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training $ 2,833 Mo. $ 33,994

Cadet Trooper After Training $ 3,438 Mo. $ 41,258

Trooper Second Year 42,266

Trooper Third Year 42,649

Senior Trooper 43,048

Trooper First Class 43,654

Corporal 44,260

Sergeant 48,561

First Sergeant 50,712

Second Lieutenant 52,862

First Lieutenant 55,013

Captain 57,164

Major 59,314

Lieutenant Colonel 61,465

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I 42,266

II 43,048

III 43,654

IV 44,260

V 48,561

VI 50,712

VII 52,862

VIII 55,013

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I 42,266

II 43,048

III 43,654

IV 44,260

V 48,561

VI 50,712

VII 52,862

VIII 55,013

Each member of the West Virginia State Police whose salary is
fixed and specified in this annual salary schedule is entitled to
the length of service increases set forth in subsection (e) of this
section and supplemental pay as provided in subsection (g) of this
section.

(e) Each member of the West Virginia State Police whose salary
is fixed and specified pursuant to this section shall receive, and
is entitled to, an increase in salary over that set forth in
subsection (d) of this section for grade in rank, based on length
of service, including that service served before and after the effective date of this section with the West Virginia State Police
as follows: Beginning on January 1, 2015 and continuing thereafter,
at the end of two years of service with the West Virginia State
Police, the member shall receive a salary increase of $500 to be
effective during his or her next year of service and a like
increase at yearly intervals thereafter, with the increases to be
cumulative.

(f) In applying the salary schedules set forth in this section
where salary increases are provided for length of service, members
of the West Virginia State Police in service at the time the
schedules become effective shall be given credit for prior service
and shall be paid the salaries the same length of service entitles
them to receive under the provisions of this section.

(g) The Legislature finds and declares that because of the
unique duties of members of the West Virginia State Police, it is
not appropriate to apply the provisions of state wage and hour laws
to them. Accordingly, members of the West Virginia State Police
are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the
members were or were not covered by the wage and hour law prior to
this exclusion.

In lieu of any overtime pay they might otherwise have received
under the wage and hour law, and in addition to their salaries and
increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act
guidelines may receive supplemental pay as provided in this
section.

The authority of the superintendent to propose a legislative
rule or amendment thereto for promulgation in accordance with
article three, chapter twenty-nine-a of this code to establish the
number of hours per month which constitute the standard work month
for the members of the West Virginia State Police is hereby
continued. The rule shall further establish, on a graduated hourly
basis, the criteria for receipt of a portion or all of supplemental
payment when hours are worked in excess of the standard work month.
The superintendent shall certify monthly to the West Virginia State
Police's payroll officer the names of those members who have worked
in excess of the standard work month and the amount of their
entitlement to supplemental payment. The supplemental payment may
not exceed $400 monthly. The superintendent and civilian employees
of the West Virginia State Police are not eligible for any
supplemental payments.

(h) Each member of the West Virginia State Police, except the
superintendent and civilian employees, shall execute, before
entering upon the discharge of his or her duties, a bond with
security in the sum of $5,000 payable to the State of West
Virginia, conditioned upon the faithful performance of his or her
duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.

(i) In consideration for compensation paid by the West
Virginia State Police to its members during those members'
participation in the West Virginia State Police Cadet Training
Program pursuant to section eight, article twenty-nine, chapter
thirty of this code, the West Virginia State Police may require of
its members by written agreement entered into with each of them in
advance of such participation in the program that, if a member
should voluntarily discontinue employment any time within one year
immediately following completion of the training program, he or she
shall be obligated to pay to the West Virginia State Police a pro
rata portion of such compensation equal to that part of such year
which the member has chosen not to remain in the employ of the West
Virginia State Police.

(j) Any member of the West Virginia State Police who is called
to perform active duty training or inactive duty training in the
National Guard or any reserve component of the Armed Forces of the
United States annually shall be granted, upon request, leave time
not to exceed thirty calendar days for the purpose of performing
the active duty training or inactive duty training and the time
granted may not be deducted from any leave accumulated as a member
of the West Virginia State Police.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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